Terms and Conditions

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Moose Terms of Use and Conditions of Websites

The effective date of these Terms of Use ("Terms of Use") is 19 December 2011.

These are Moose's Terms of Use.  The Terms of Use apply to www.mooseworld.com.au, www.beadosbeads.com, www.mygeleez.com, www.mightybeanz.com, www.trashpack.com  and other interactive features, applications or downloads that are operated by us that are available through this Website (collectively, "Website") whether accessed via personal computers, mobile devices or other technology (collectively, "Device").Moose includes Moose Enterprise Pty Ltd, Moose Creative Pty Ltd  and all of their subsidiaries and affiliated companies and are referred to in this policy as "we", "our" or "us".

 

1) Agreement to Terms of Use

PLEASE READ CAREFULLY.  BY ACCESSING OUR WEBSITE, YOU ARE EXPLICITLY ACKNOWLEDGING THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND ARE AGREEING TO BE BOUND BY THEM.  If YOU do not agree to these terms OF USE, YOU ARE NOT AUTHORIZED TO USE THIS WEBSITE. 

WE RESERVE THE RIGHT TO CHANGE THESE TERMS OF USE AT ANY TIME.  YOU ARE RESPONSIBLE FOR CHECKING IT PERIODICALLY FOR CHANGES.  YOUR CONTINUED USE OF THE WEBSITE AFTER WE'VE MADE CHANGES WILL MEAN THAT YOU AGREE TO THE CHANGES. 

Please also review this Website's Privacy Policy and Children's Privacy Policy which set our data collection and usage practices.

2) Ownership

  • Website and Content. All of the material featured or displayed on the Website including without limitation all text, graphics, photographs, images, moving images, sounds and illustrations ("Content") is owned by us, our licensors, or our suppliers.  All elements of the Website, including without limitation the general design and the Content, are protected by trade dress, copyright, moral rights, trademark and other laws relating to intellectual property rights.  Except as may be otherwise expressly indicated by us in specific documents posted on the Website, you are authorized to view, play, print and download Content for personal, informational, and noncommercial purposes only.  You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer or sell any Content.  The Content shall remain the exclusive property of us or our licensors  or suppliers, as applicable, unless otherwise expressly agreed by us.
  • Trademarks.  All of the trademarks, service marks, trade names and logos ("Marks") used on the Website belong to us or our vendors or licensors.  You are prohibited from using the Marks in any way without our prior written consent.
  • Notices.  You will not remove any copyright, trademark or other proprietary notices from the Website or Content found on the Website.
  • Viral Content.   We may grant you the limited, revocable permission to post and display certain Viral Content ("Viral Content") on a third party web site or application that permits you to post content that we make available on the Website for such purpose.  You may post such Viral Content pursuant to these Terms of Use, but you will not make any other use of or license, distribute, reproduce, or otherwise exploit any part of the Viral Content without our express written permission. 

3) Restrictions on Use

We give you permission to use our Website so long as you do not:

  • use the Content on the Website for any commercial purpose;
  • use the Website for any illegal purpose;
  • attempt to gain unauthorized access to any other user's computer systems or networks associated with the Website;
  • modify or attempt to modify or in any way tamper with Website;
  • use the Website or any of the Content on it in a way that may infringe the intellectual property rights or other rights of third parties, including trademark, copyright, right of privacy or right of publicity; or
  • interfere with or disrupt networks connected to the Website or violate the regulations, policies or procedures of such networks.

4) Registration

Certain areas of the Website may require registration or otherwise ask you to provide information to participate in features, receive e-mail newsletters or access certain Content. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access these things.

If you register with us, you agree to accept responsibility for all activities that occur under your account or password and are responsible for maintaining the confidentiality of your password.  Moose reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

5) Third Party Links and Content

There may be links from the Website, or communications you receive from the Website, to third party sites.  You may also have the opportunity to share certain Viral Content from our Website on a third party application, such as Facebook, as set out in Section 2(d) above.   We do not control those third party sites or applications or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites or applications.

6) Linking to our Website

You may not link to our Website without our prior written consent which consent may be withheld in our sole and absolute discretion. 

7) Mobile

The Website may offer features and services that are available to you via your mobile Device.  These features and services may include, without limitation, the ability to upload content to the Website, receive messages from the Website, download applications to your mobile Device or access Website features (collectively, the"Mobile Features").  Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance.  Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device.  Contact your carrier with questions regarding these issues.  As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features.  The instructions will typically require you to text a keyword (e.g., "STOP," "CANCEL," "END," "UNSUBSCRIBE," "QUIT," etc.) to the applicable shortcode for the Mobile Feature.

If you have registered for Mobile Features, you agree to notify Moose of any changes to your mobile number and update your account on the Website to reflect this change.

8) Competitions, Sweepstakes, Contests, and Promotions

Any competitions, sweepstakes, contests or other promotions (any, a "Promotion") offered via the Website may be governed by a separate set of rules that may have eligibility requirements, such as certain age or geographic area restrictions, and terms and conditions governing the Promotion.  By participating in a Promotion, you will be subject to those official rules, and you agree to comply with and abide by such rules and the decisions of the identified sponsor(s).

9) Your Warranties. 

You represent and warrant that: (i) you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity or if you are under the age of majority in your jurisdiction of residence, you have your parent's or legal guardian's consent to enter into these Terms of Use in your jurisdiction and to comply with these Terms of Use; (ii) all information you provide to Moose is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms of Use.

10) Termination. 

We reserve the right to suspend or terminate your access to the Website if at any time we suspect your use may be unlawful, violate the rights of third parties or any of the terms of this Agreement.

11) Indemnification. 

If anyone brings a claim against us related to your actions or use of the Website or any materials you have submitted to us through the Website or e-mail, you agree to defend, indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.

12) Disclaimers

YOU ACKNOWLEDGE AND AGREE THAT THE DISCLAIMERS AND LIMITS ON LIABILITY SET OUT IN THIS TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND US AND ARE AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN US.  YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK.  TO THE FULLEST EXTENT PERMITTED BY LAW, THE WEBSITE IS PROVIDED "AS IS" AND WITHOUT ANY WARRANTIES OF ANY KIND.  WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR WARRANTIES OF UNINTERRUPTED, TIMELY, SECURE, ACCURATE, OR ERROR-FREE USE OR OPERATION.

WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR:  (A)  ERRORS, MISTAKES, OR INACCURACIES OF THE WEBSITE; (B) ANY ACTS OR OMISSIONS OF USERS, OUR PARTNERS, ADVERTISERS OR OTHER PARTIES ON OR THROUGH THE WEBSITE; (C) ANY UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE; (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (E) ANY INJURIES PHYSICAL OR EMOTIONAL TO YOU OR THIRD PARTIES RELATED TO THE WEBSITE; (F) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE. 

13) Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW: IN NO EVENT WILL WE BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, EXEMPLARY OR SPECIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH (A) THIS AGREEMENT OR THE PRIVACY POLICY; (B) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF YOUR INFORMATION, INCLUDING ANY PERSONAL INFORMATION; (C) THE WEBSITE; OR (D) ANY OF THE WEBSITE CONTENT.  THE LIMITATIONS OF LIABILITY IN THIS SECTION SHALL APPLY EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU AGREE THAT THE LIMITATIONS OF LIABILITY SET OUT IN THIS SECTION WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS TERMS OF USE AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.  YOUR SOLE AND EXCLUSIVE REMEDY FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE SHALL BE FOR YOU TO DISCONTINUE USE OF THE WEBSITE.  IN ANY CASE, OUR AGGREGATE LIABILITY WILL NOT EXCEED TEN DOLLARS ($10). 

14) Governing Law; Forum; Other Terms. 

  • By using the Website, you agree that this Agreement shall be governed by and construed under the laws of the State of Victoria, Australia and in the event that you file a lawsuit pertaining to the Website that the lawsuit will take place in the State of Victoria, Australia.  If any provision of these Terms of Use shall be deemed void or unenforceable, the remainder of theTerms of Use shall nonetheless be enforceable.  Our failure to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder.  Any provision that was, by its nature, intended to survive termination of these Terms of Use will survive.

15) CONTACT US

If you have any questions or concerns with these Terms of Use or the Website you may contact us by e-mail at info@moosetoys.com